SIXTH FLOOR, 900 HOWE STREET, BOX 250
VANCOUVER, B.C. V6Z 2N3 CANADA
web site: http://www.bcuc.com
IN THE MATTER OF
the Utilities Commission Act, R.S.B.C. 1996, Chapter 473
and
An Application by
Pacific Northern Gas Ltd. (PNG‐West Division) and Pacific Northern Gas (N.E.) Ltd.
(Fort St John/Dawson Creek and Tumbler Ridge Divisions), [collectively (“PNG”)]
for Capital Structure and Equity Risk Premium
BEFORE:
L.F. Kelsey, Commissioner
O R D E R
WHEREAS:
A. By letter dated July 16, 2009, PNG filed with the British Columbia Utilities Commission (the “Commission”),
an application for Capital Structure and Equity Risk Premium (the “Application”); and
B. Specifically, PNG is applying to have the common equity ratio for the PNG‐West Division established at 47.5
percent and to have the common equity ratio for both divisions of PNG (N.E.) set at 42.5 percent. PNG is
also applying to have the rate of return on common equity set at 75 basis points above the Commission’s
low‐risk benchmark utility return on common equity (“ROE”) for all three divisions; and
C. Commission Order G‐174‐08 dated November 27, 2008, determined that the Initial Option Fee and Option
Extension Fee related to PNG deactivated assets be reviewed by the Commission as part of the 2009
revenue requirements application. PNG is reapplying in this Application to recover from the Option Fee and
Option Extension Fee, the foregone return to date as it believes that it is most efficient to consider this
matter during the public hearing into the capital structure and equity risk premium issues; and
D. PNG requests that the Commission approve a deferral account to record the difference between the
approved 2009 cost of service used for rate‐making purposes and the 2009 cost of service based on the
higher common equity thickness and equity risk premium for PNG‐West. The Application also states that
PNG (N.E.) is not applying for Commission approval of a common equity deferral account but would do so if
there are any adjustments to the benchmark utility ROE in 2009; and
E. By letter dated August 6, 2009, the Commission replied to PNG and indicated that the Commission would
not commence a review of the Application until after the submission of written Arguments in the Terasen
Utilities ROE and Capital Structure (“ROE/CAP”) proceeding then underway; and
F. On October 20, 2009, PNG filed its Argument in the Terasen Utilities ROE/CAP proceeding with the
Commission and submitted that PNG would assess whether any adjustments to the PNG‐West Division and
BRIT ISH COL
UMBIA
UTIL IT IES COM MISS ION
O
RDER
NUMBER
G
‐172‐09
TELEPHONE: (604) 660‐4700
BC TOLL FREE: 1‐800‐663‐1385
FACSIMILE: (604) 660‐1102
December 24, 2009
BRIT ISH COLUMBIA
UTIL IT IES COMMISS ION
ORDER
NUMBER
G‐172‐09
2
PNG (N.E.) specific risk premiums are required as a result of the Commission’s decision on ROE/CAP and, if
adjustments are required, PNG would file an update to its Application; and
G. By letter dated December 21, 2009, PNG filed its amendments to the Application (“Amended Application”)
to reflect the impact of the Commission’s determinations in the December 16, 2009 Decision on Terasen
Utilities’ ROE/CAP Application; and
H. In the Amended Application, PNG‐West revises its 2009 cost of service and reiterates its application for
approval of a deferred return on common equity deferral account. PNG (N.E.) recalculates the Negotiated
Settlement Agreement 2009 cost of service based on the revised ROE for 2009 for Fort St. John/Dawson
Creek Division and the Tumbler Ridge Division and seeks Commission approval to record the increase in
deferral accounts for the two divisions; and
I. The Commission Panel has considered the relief sought in the Application and the Amended Application.
NOW THEREFORE the Commission determines as follows:
1. PNG is to establish separate common equity deferral accounts for the PNG‐West Division, the Fort St.
John/Dawson Creek Division and the Tumbler Ridge Division to record potential differences in approved cost
of service and 2009 cost of service based on higher equity risk premium and thicker equity.
2. A Procedural Conference regarding the regulatory process for the review of the Application and Amended
Application will be held on Tuesday, January 19, 2010 commencing at 9:00 a.m. in the Commission Hearing
Room on the 12
th
Floor, 1125 Howe Street, Vancouver, BC. The Procedural Conference will address matters
such as:
(a) steps and timetable associated with the regulatory review process; and
(b) other matters that will assist the Commission to efficiently review the Application.
3. PNG is to publish, as soon as possible, in display‐ad format, the Notice attached as Appendix A to this Order,
in the Vancouver Sun and such other appropriate local news publications as may properly provide adequate
notice to customers served in the affected service areas.
4. The Application and Amended Application, together with any supporting materials, will be made available
for inspection at the public libraries in Prince Rupert, Terrace, Kitimat, Houston, Smithers, Burns Lake,
Vanderhoof and Fort St. James, the Head Office of PNG at Suite 950, 1185 West Georgia Street, Vancouver,
BC V6E 4E6, and at the Commission Office, Sixth Floor, 900 Howe Street, Vancouver, BC V6Z 2N3, and will
also be made available on the PNG and Commission websites.
3
5. Intevenors or Interested Parties should register with the Commission, in writing or electronic submission, by
Friday, January 15, 2010, and advise whether they intend to attend the Procedural Conference. Intervenors
should specifically state the nature of their interest in the Application and identify generally the nature of
the issues that they may intend to pursue during the proceeding and the nature and extent of their
anticipated involvement in the review process.
DATED at the City of Vancouver, In the Province of British Columbia, this 24
Attachment
Orders/G‐xx‐09_PNG ROE Capital Structure Procedural Conference
BRIT ISH COLUMBIA
UTIL IT IES COMMISS ION
ORDER
NUMBER
G‐172‐09
th
day of December 2009.
BY ORDER
Original signed by:
L.F. Kelsey
Commissioner
APPENDIX A
to Order G‐172‐09
Page 1 of 2
SIXTH FLOOR, 900 HOWE STREET, BOX 250
TELEPHONE: (604) 660‐4700
VANCOUVER, B.C. V6Z 2N3 CANADA
BC TOLL FREE: 1‐800‐663‐1385
web site: http://www.bcuc.com
FACSIMILE: (604) 660‐1102
An Application by
Pacific Northern Gas Ltd. (PNG‐West Division) and Pacific Northern Gas (N.E.) Ltd.
(Fort St. John/Dawson Creek and Tumbler Ridge Divisions), [collectively (“PNG”)]
For Capital Structure and Equity Risk Premium
NOTICE OF PROCEDURAL CONFERENCE
Date:
Tuesday, January 19, 2010
Time:
9:00 a.m.
Location:
B.C. Utilities Commission Hearing Room
12
th
Floor, 1125 Howe Street,
Vancouver, B.C.
THE APPLICATION
On July 16, 2009, PNG filed the Capital Structure and Equity Risk Premium Application (“Application”) to have
the common equity ratio for the PNG‐West Division established at 47.5 percent from 40 percent, and to have
the common equity ratio for both divisions of PNG (N.E.) set at 42.5 percent from 36 percent. In the Application,
PNG also applies to have the rate of return on common equity set at 75 basis points above the British Columbia
Utilities Commission’s (“Commission”) low‐risk benchmark utility return on common equity for all three
divisions.
In the 2009 Negotiated Settlement Agreement, PNG and its customers were unable to reach an agreement on
the treatment of the Merrill Lunch option fees. Therefore, PNG is also applying for Commission approval so that
PNG‐West can recover from option fees paid to PNG‐West by Merrill Lunch Commodities Inc. (“MLCI”) and
eventually from any annual firm revenue from MLCI the foregone return on facilities previously deactivated.
By letter dated August 16, 2009, the Commission informed PNG that it would not commence review of the
Application until after the filing of written submissions in the proceeding on Terasen Utilities’ Application on
Return on Equity and Capital Structure (“Terasen ROE Application”) then underway.
The Commission rendered its decision on the Terasen ROE Application on December 16, 2009 and PNG filed
amendments with the Commission to its July 16, 2009 Application (“Amended Application”). In the Amended
Application, PNG requests: (a) approval of a deferred return on common equity deferral account to record the
revised difference of $1.571 million for future recovery from customers in the PNG‐West Division; (b) approval
to record $96,000 in a deferred 2009 return on common equity deferral account for future recovery from
customers for the Fort St. John/Dawson Creek Division; and (c) approval to record $4,000 in a deferred 2009
return on common equity deferral account for future recovery from customers in the Tumbler Ridge Division.
APPENDIX A
to Order G‐172‐09
Page 2 of 2
PUBLIC INSPECTION OF THE APPLICATION
The Application, Amended Application and supporting material will be made available for inspection at the
public libraries in Prince Rupert, Terrace, Kitimat, Houston, Smithers, Burns Lake, Vanderhoof and Fort St. James,
the Head Office of PNG at Suite 950, 1185 West Georgia Street, Vancouver, BC V6E 4E6, and at the British
Columbia Utilities Commission, Sixth Floor, 900 Howe Street, Vancouver, BC V6Z 2N3.
The Application will also be available for viewing on the PNG website at www.png.ca, and on the Commission’s
website at www.bcuc.com, which also contains detailed materials related to the Application and Amended
Application.
REGISTERING TO PARTICIPATE
Persons who expect to actively participate in this proceeding are required to register as Intervenors with the
Commission, in writing or electronic submission, by January 15, 2010, identifying their interest in the
Application, the issues they intend to pursue and the nature and extent of their anticipated involvement in the
review process. They should also advise the Commission whether they intend to attend the Procedural
Conference.
Persons not expecting to actively participate, but who have an interest in the proceeding should register as
Interested Parties with the Commission, in writing or electronic submission, by January 15, 2010, indentifying
their interest in the Application.
All submissions and/or correspondence received from active participants or the public relating to the
Application will be placed on the public record and posted to the Commission’s web site.
FURTHER INFORMATION
For further information, please contact Ms. Erica M. Hamilton, Commission Secretary, as follows:
Telephone:
604‐660‐4700 or (B.C. Toll Free) 1‐800‐663‐1385
Facsimile:
604‐660‐1102
E‐Mail:
commission.secretary@bcuc.com
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.